A simple burned out headlight was a lesson to me on how easy police can violate our rights.

a reply to: Sillyolme

Sorry, but I feel they don't have the right to detain or impede your movement without probable cause that is granted by our constitution. It's not a stationary checkpoint like a border crossing where people know what to expect.

a reply to: WeRpeons

No, I just felt it was over-reaching a bit. I could completely understand if he had a genuine reason to ask those questions, but he didn't.

Taking the time of night into consideration, it actually is a pretty standard question. Also the fact that you were driving through a small town where most people are home in bed late at night.

Late night pullovers almost always guarantee the "have you been drinking" question tossed in. Why ? Because it's pretty common knowledge that late night drivers tend to be the one's who have been out enjoying some spirits and are heading home after the bars shut down.

Therefore, the police do have a genuine reason why they ask that question more times than not.

a reply to: howmuch4another

I've always been polite to police officers because I know it's a tough job and any day they can lose their life. My wife and I even said, we thought it was kind of dangerous for a police officer to approach a car late at night. If we we're criminals, the approaching officer wouldn't be able to see if we were holding a gun in our laps! My wife even commented that it didn't even look like he had a partner sitting in his squad car.

Maybe I was overly offended because I've always been a law abiding citizen. Maybe I took it too personal, but when I'm just a social drinker and a police officer questions if I was drinking not only once but twice without an ounce of alcohol on my breath, I was offended! Crown me a drama queen, but logically, why ask if there"s absolutely no signs of it?

originally posted by: WeRpeons
There's absolutely no probable cause to insinuate or ask if I had been drinking let alone asking again if I was drinking earlier in the day. The police shouldn't have the right to insinuate anything without probable reason or cause. It's very similar to DUI traffic stops. They have no right to pull you over without probable cause or to search your vehicle.

I asked you which right was violated. Please name the specific Constitutional right which the police officer violated.

a reply to: WeRpeons

Be grateful he just didn't shoot you for no reason.

a reply to: seasonal

I agree. I think DUI check points are unconstitutional, and I'm not even a drinker. I can understand if they sit in their squad car looking for erratic and aggressive drivers and than pulling them over and testing them for DUI. Their painting everyone with a broad brush and subjecting them to questioning and a possible sobriety test. Some people can handle a few drinks much better than others.

a reply to: vonclod

Never accused the officer of abusing me. In fact I thought the officer was friendly and polite. I just felt the questioning about me drinking was unacceptable.

a reply to: WeRpeons

that's a routine question. I've got it every single time I've ever been pulled over.

Now had he given you, or attempted to, a field sobriety test, then perhaps, if he had no reason to believe you were intoxicated, and by the sounds of it, he didn't have any.

So I'd have to say no. In fact, from what you've said, he was utterly professional.

originally posted by: AugustusMasonicus

originally posted by: stargatetravels
The Right to not be asked questions God Damn it!

I must have missed that one in the Constitution, is that next to the right not to get triggered?

Yes and just after the I'm going to be a dick to all cops no matter what, just cuz!!

originally posted by: stargatetravels
Yes and just after the I'm going to be a dick to all cops no matter what, just cuz!!

That is your prerogative. I am still not seeing which specific right was violated. Can you locate it in the Constitution?

a reply to: stargatetravels

Again, what questions should a police officer have a right to ask you based upon the reason he stopped you in the first place? Should he be allowed to ask me if I'm transporting drugs if their wasn't a report or visual signs to that effect? Should he have a right to ask any question no matter how offensive it could be if there isn't a reason to justify in asking it?

a reply to: WeRpeons

I can understand if they sit in their squad car looking for erratic and aggressive drivers and than pulling them over and testing them for DUI

Police did that for decades and it didn't work so great for catching drunk drivers. All you have to do is read the statistics before DUI checkpoints came along vs after DUI checkpoints came along.

Or do you actually think DUI checkpoints have been around since Ford came out with his Model T ??

It's the same reason why speed limits had to eventually be implemented. People were killing themselves and everyone else around them.

You're not thinking clearly.

a reply to: AugustusMasonicus

I guess your sarcasm detector is in the repair center?

a reply to: WeRpeons


Well the fact that you ratted on yourself for speeding, maybe you seemed nervous or excitable to him.
Maybe DUI is a huge freakin issue and many millions of people do it.
Did he test you, sobriety or get you to blow into his tube?
Or was he making conversation to assess the situation.

I don't find your example in the least bit troubling or see how you or your rights have been violated, but YMMV.

a reply to: schuyler

First of all, I didn't admit I was speeding. I asked the "officer, did you pull me over for exceeding the speed limit?" I really didn't know what I was being pulled over for!

You're missing the point of my op. I question if the police have a right to insinuate something when there is no signs to even ask such a question. If this thread was so outrageous, why bother adding your insults? Just move on! No harm done.

a reply to: WeRpeons

Sounds like he was just asking since it was late night as you mentioned. Same thing happened to me in college with a headlight out, asked if I was drinking, said no (I hadn't been) and let me on my way.

I was visiting Canada from Texas for a shooting competition for a veterans charity, and me and my buddy (he's from Canada) got pulled out of his car at gun point because he had a plate carrier on when we were on the way to the sportman's club / range. We got thrown on the ground, cuffed, and detained for about 45 min. as they literally tossed his car. Once they calmed down and went through all my paperwork I had on the dashboard in a red folder, and saw that literally everything was locked in cases / trigger locked / etc. as required by law they finally let us go.

When it was all said and done we all shook hands (and they told me 'I bet that never happened to you in Texas') and we were on our way. We were literally breaking no laws, or making any threatening movements, etc. but they were still able to rifle through all our gear and disorganize everything without our permission. I was thinking I was going to read something more along those lines when I saw your post.

PS - if any of you folks up north know any of the cops in Brockville or OPP folks there, you should ask them about the Travel Lodge incident of 2016...

originally posted by: stargatetravels
I guess your sarcasm detector is in the repair center?

Kind of hard to tell since I do not recall speaking with you previously.

a reply to: enlightenedservant

Sorry to here about your incident. Sounds like the gestapo! I just think too many times the police are overstepping their bounds.

I know my incident was small, and posters feel I've been overly dramatic, but at the same time I really felt like the officer was fishing for me to say I was drinking! So if I had one beer, which I didn't, would that give him the right to give me a breath analyzer test? It was a measly burned out headlight bulb and he's trying to turn it into something more!

a reply to: WeRpeons

I question if the police have a right to insinuate something when there is no signs to even ask such a question.

Here are the signs:

- you're driving late at night with a burnt out headlight, most sober people tend to notice that kind of thing due to the reduced vision in front of you, particularly when you're driving on a dark highway (which is what you were doing)

- drinking and driving is more common during the evenings (no need to have to explain that obvious point any further), thus the "were you drinking" questions tend to be more common in the evenings too



And last but not least:

Drunk driving is not as blatantly obvious all the time (ie: not all drunks swerve) to the observer, therefore the police need to spend a few minutes assessing the situation by asking questions and furthering the conversation in order to evaluate your condition (how you're forming your words, how you react to questions, etc).


Police aren't "insinuating" anything.

They're simply asking you standard protocol questions under the situation you were pulled over in.

And now I can see why your feathers are all ruffled about this.... you automatically jumped into defense mode because you assumed the officer to be "insinuating" that you're guilty of something by simply asking you some questions.

Your perception of the situation is what's all skewed here.

We had a Chief of Police who stated that he wouldn't let anybody drive with any measurable amount of alcohol in their system. My Great Niece was born about two months premature and was kept in the hospital for several weeks. Her Mother was stuck in bed even after her release from the hospital. They wanted somebody from the family around as much as possible, so since I worked nearby I was elected. One evening she had some issues so I hung around until she recovered from them. I figured that since it was so late, I'd just go to work and crash on the couch in my office. We had showers and a locker room and I always kept a change of clothes there. I was about five minutes out when I saw flashing lights in my mirror. I pulled over, rolled down the window and had my papers ready. The officer took them, went back to his car for a bit and brought them back. He asked where I was going and I told him that I was going to work. He asked me to get out of the car, I complied. He pulls out a breathalyzer and asks me to blow into it. I do and it reads 0.01. He politely asks me to wait a bit, so we talked about the local baseball team for about 15 minutes. I blow again and it is still 0.01. Now 0.08 is the limit so I figure that I'm out of there. Nope. Since I pulled into a parking lot and parked, he told me to lock up my vehicle, that I was going with him. He gave me a light pat down, put me in the back of the car, no handcuffs and took me to the station. On the machine at the station I again blew a 0.01. I was there for another two hours, blowing every fifteen minutes until I blew a 0.0 twice. Then I had to wait until they had an officer available to take me back to my car. At no time was I placed in a cell, everybody was perfectly polite, I just couldn't leave. A couple of the officers seemed uncomfortable about it, but, it was the Chief's policy.

I got to work just in time to change clothes and start the day. The company that I worked for at the time produced gas detection equipment and combustion analyzers. At lunch I caught our Chemical Engineer and asked him why I registered on the breathalyzer when I'd had nothing alcoholic to drink? He asked how many times I had used the hand sanitizers at the hospital and had I been around rubbing alcohol? I said several and that I had helped use a cotton ball soaked in rubbing alcohol to wipe the baby down to help break a fever. That's when he told me about how the sensors on a breathalyzer work and the number of methyl groups that registered on them.

I have to wonder how many people have had their lives ruined because of a false positive? Why are you not allowed to challenge the breathalyzer? Why don't they keep the breath sample? (yes it can be done) Simple. It is all about the money.